- 1 - HC-KAR NC: 2025:KHC:32349 CRL.P No. 10005 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 20TH DAY OF AUGUST, 2025 BEFORE THE HON'BLE MR. JUSTICE MOHAMMAD NAWAZ CRIMINAL PETITION NO. 10005 OF 2025 BETWEEN: SRINIVAS RAO KAKI S/O SUBRAMANYA KAKI, AGED ABOUT 32 YEARS, R/AT B-1604 VAISHNAVI NAKSHATRA APARTMENT, NEAR YESHWANTHPUR RAILWAY STATION, YESHWANTHPUR BENGALURU - 560022. …PETITIONER (BY SRI. P.N. HEGDE., ADVOCATE) AND: THE STATE OF KARNATAKA THE CID/HIGH GROUNDS POLICE BY SPECIAL INVESTIGATION TEAM REPRESENTED BY SPP HIGH COURT OF KARNATAKA BENGALURU - 560001. …RESPONDENT (BY SRI. B N JAGADEESHA., SPP) THIS CRL.P IS FILED U/S.439 (FILED U/S.483 BNSS) CR.P.C PRAYING TO ENLARGE THE PETITIONER ON BAIL IN CR.NO.118/2024 REGISTERED BY THE HIGH GROUNDS POLICE FOR THE OFFENCE P/US/ 120-B,406,420,465,468,471 OF IPC AND SEC.13(1)(a) R/W SEC.13(2) OF PREVENTION OF CORRUPTION ACT AS PER CHARGE SHEET PAGE NO. CS 69 AND 136 WHICH IS I PAGE 89 AND 156 PENDING BEFORE THE XXIII ADDL. CITY CIVIL AND SESSIONS JUDGE AND SPECIAL COURT UNDER (PREVENTION OF CORRUPTION ACT) AT BENGALURU AND ETC. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: Digitally signed by LAKSHMI T Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:32349 CRL.P No. 10005 of 2025 CORAM: HON'BLE MR. JUSTICE MOHAMMAD NAWAZ ORAL ORDER Petitioner, arraigned as accused No.2 in the preliminary charge sheet filed by the High Grounds Police Station, Bengaluru City, in connection with a case registered in Crime No.118/2024, has preferred this petition to enlarge him on bail. 2. Heard the learned counsel for petitioner and learned Special Public Prosecutor appearing for the State and perused the material on record. 3. Preliminary charge sheet is filed for offences punishable under Sections 120-B, 406, 409, 420, 465, 468, 471 r/w 149 IPC. 4. Petitioner was unsuccessful, when he sought for a similar relief in Criminal Petition No.11420/2024, which was disposed of by this Court along with other connected matters. Having regard to the entire facts and circumstances of the case, the nature and seriousness of - 3 - HC-KAR NC: 2025:KHC:32349 CRL.P No. 10005 of 2025 the offence alleged and on the ground that the petitioner has antecedents of a similar nature and indulged in committing similar offences after being enlarged on bail in the earlier case registered against him, this Court by a detailed order, dismissed his prayer for bail. 5. It is fairly submitted by the learned counsel for the petitioner that even the Apex Court has declined to grant bail to the petitioner in Special Leave to Appeal preferred by him, taking note that the petitioner has criminal antecedents of committing crime of similar nature. The present petition seeking bail is pressed into service on changed circumstances, such as delay in trial and on medical grounds. 6. It is the contention of the learned counsel that only a preliminary charge sheet is filed in this case and there are 109 witnesses cited in the charge sheet and so far the cognizance of the offence has not been taken, probably because the sanction order is awaited, as there are several public servants named as accused in the preliminary - 4 - HC-KAR NC: 2025:KHC:32349 CRL.P No. 10005 of 2025 charge sheet. It is therefore, his contention that the accused who is arrested and in judicial custody since 15.07.2024, may have to remain in custody for an indefinite period. 7. Insofar as medical grounds are concerned, it is his submission that this Court directed the Special Public Prosecutor to secure the medical report of the petitioner and the same has been submitted by him vide memo dated 06.08.2025 and the said Medical Report dated 28.07.2025 issued by the Chief Medical Officer would show that the petitioner is suffering from disc desiccation with diffuse asymmetrical disc bulge at L4-L5 and he is under medication for the said ailment. Further, he is diagnosed with the seizure disorder for which he is on medication regularly and he needs ICU care under neurology, in case of recurrent seizure as advised by the Neurology Department, PMSSY Hospital. 8. The learned Special Public Prosecutor has filed statement of objections. He contended that this Court as - 5 - HC-KAR NC: 2025:KHC:32349 CRL.P No. 10005 of 2025 well as the Apex Court, having regard to the nature of offence committed by the petitioner and his involvement in similar cases, has rejected his prayer for bail. Preliminary charge sheet is filed and the concerned Court has taken cognizance of IPC offences on 23.08.2024 and since several public servants are involved, offences under the Prevention of Corruption Act, 1988 are invoked and sanction order in respect of those public servants are awaited. He further submitted that case/s has been transferred to Special Court, the sanction order and the supplementary charge sheet will be filed soon. 9. Insofar as the medical grounds urged by the petitioner, it is contended by the learned Special Public Prosecutor that the learned Sessions Judge while dismissing the bail petition has taken into consideration the medical exigencies pleaded by the petitioner and observed that he is under medication and there is no any recommendation for treatment in the higher Hospital outside the prison nor the report disclose the non- - 6 - HC-KAR NC: 2025:KHC:32349 CRL.P No. 10005 of 2025 availability of the required treatment to the accused in the Prison Hospital, the treatment seems to have provided by the prison authority. 10. A bare perusal of the report submitted by the Chief Medical Officer shows that petitioner is under medication for the ailments such as disc desiccation with diffuse asymmetrical disc bulge at L4-L5 and he needs physiotherapy and regular treatment. Insofar as the seizure disorder is concerned, it is stated that he is on medication regularly and he needs ICU care under neurology in case of recurrent seizure, as advised by the Neurology Department, PMSSY Hospital. 11. This Court from the above report, does not find any medical exigencies which would entitle the petitioner to be released on medical grounds. The Apex Court has held that bail granted on medical grounds must be based on credible, specific and urgent need, not on general or future apprehensions (State of U.P. V. Amar Mani Tripathi Vs. State of UP reported in (2005) 8 SCC 21). - 7 - HC-KAR NC: 2025:KHC:32349 CRL.P No. 10005 of 2025 12. It is always open for the petitioner, in case of any such medical emergency, to file a petition before the trial Court, based on the present report as well as future reports, in which case the trial Court may constitute a Medical Board and based on its report/opinion, dispose of his application, in accordance with law. 13. With the above observation, petition is dismissed. Sd/- (MOHAMMAD NAWAZ) JUDGE BS List No.: 1 Sl No.: 34